In early January 2023, a single text message sent shockwaves through Cleveland’s legal circles, exposing deep-seated issues about workplace culture and gender equity. Jon Dileno, a senior attorney at Cleveland employment law firm Zashin & Rich, posted a harshly worded message to a newly back female colleague from maternity leave who had resigned to work for another firm. The message, uploaded to LinkedIn and rapidly going viral, prompted outrage, caused Dileno to leave the firm immediately, and contributed to a broader conversation of misogyny within the legal industry. This article dives deep into the event, its aftermath, and its effect on workplace culture, particularly for women on parental leave.
The Text That Sparked a Firestorm
The drama began when Jon Dileno messaged a former colleague calling her “soul-less and morally bankrupt” and blaming her for “raking in salary from the firm while sitting on your a–” on maternity leave, with the exception of “making time to interview for another job.” The vitriolic message told her he would tell everyone who asked what kind of person she is. The recipient, whose identity remains undisclosed, shared the text with attorney Kelley Barnett, who posted a screenshot on LinkedIn without naming Dileno or Zashin & Rich. The post exploded, garnering over 13,000 reactions and 1,900 comments by mid-afternoon on January 10, 2023, with a related Twitter post racking up 931,000 views.
I’ve seen how quickly social media can amplify a single misstep, and this was no exception. Barnett’s decision to post the writing wasn’t just about denouncing a single lawyer it was a deliberate effort to expose what she described as a “toxic culture” in some legal climates. The posting resonated because it struck a common outrage among women, and specifically among women, who’d dealt with similar hostility. Re-reading the replies to Barnett’s message, I was struck by how many wrote in their own personal anecdotes of abuse, suggesting this was not an isolated incident but the tip of a much larger iceberg of systemic problems.
Zashin & Rich’s Response
Zashin & Rich, a firm perhaps best known for its defense of clients like the City of Cleveland in labor cases, were under heavy pressure to respond. Co-managing partner Stephen Zashin initially spoke on January 10, calling the message “unprofessional and inappropriate” and explaining that it was sent “in the heat of the moment” by an irate employee upset that the co-worker had scouted for new positions while on paid leave. Zashin said the firm is committed to accommodating working parents, citing open-ended policies and flexible hours for paid leave. But the “heat of the moment” defense rang hollow with most. As Joe Patrice at *Above the Law* wrote, a text message isn’t an on-the-spur-of-the-moment rant it’s a deliberate act, typed and dispatched with intent.
By the end of the day, following meetings with the firm’s diversity and inclusion committee and clients, Zashin said Dileno was no longer with the firm. In a later LinkedIn post, he apologized to the recipient in person and was dismayed that the incident occurred “on my watch.” The swift action was out of character, especially from Dileno’s 14 years of experience and role as a chief negotiator for big-ticket clients. Reflecting on this, I just wonder how much impact the backlash had on the company’s decision. Without the viral post, would the reaction have been so stern?
A Reveal of Workplace Culture
The show didn’t just expose one lawyer’s lapse in judgment it exposed underlying issues in the practice of law. Barnett’s rant on LinkedIn skewered the “boots-on-the-ground reality” of firm culture, challenging the smooth-sounding verbiage about diversity and inclusion commonly used in advertising campaigns. Her post revealed that the female attorney was expected to perform legal work during her maternity leave, a detail that hit home for me. I’ve known colleagues who felt pressured to stay “on” during parental leave, juggling emails and deadlines while caring for a newborn.
It’s a demanding expectation that mars the very nature of leave. The legal profession’s reaction was immediate and loud. Cleveland Metropolitan Bar Association (CMBA) condemned the text, with president Adrian Thompson and CEO Becky Ruppert McMahon stating, “Bias has no place in our profession or in a society built on the rule of law.” CMBA had members call and email them demanding action, demonstrating collective outrage with continued discrimination.
They responded by hosting a “Hot Talk” panel on January 17, 2023, to discuss policies surrounding leave from employment and expectations in the workplace, a step in the direction of shifting dialogue.
Gender Equity and Parental Leave
The author’s focus on maternity leave struck a chord because it struck a chord that recognized a common issue: women in the law are typically disproportionately called out for taking time to tend to their families. Cathleen Bolek, an attorney with nearly 30 years of experience representing employees, noted that maternity leave disputes are a significant area of litigation. Her hope that this incident could be a “turning point” for women resonated with me. I’ve seen how women in high-pressure fields like law are often caught between proving their commitment to work and meeting family needs.
The “do it all” expectation can be a trap, and Dileno’s letter locked that pressure into place in a manner that could not be avoided.
The broader conversation that this episode has elicited speaks to the necessity of change on the systemic level. Women should not have to worry about reprisal or condemnation for going out on leave, but they do. Barnett’s blog and the stories that it occasioned illustrated how pervasive it is for women to get passive and not-so-passive bias. That Dileno felt so at ease sending such a message speaks to a culture in which such sentiments, even if they are never articulated so bluntly, are not entirely foreign.
The Way Ahead
Zashin & Rich’s commitment to “turn this negative into a positive” is just the start, but talk will not suffice. The firm’s suggestion that it will consider looking at its culture is in the right direction, but change for the good requires action amending policies, educating employees, and holding individuals responsible. The CMBA’s panel discussion is an advancement, but just one piece of a much larger puzzle.
I think the legal field requires constant education about implicit bias and greater support for working parents, male and female.
The city of Cleveland, a Zashin & Rich client, spoke up too, reaffirming its expectation that its suppliers abide by “diverse, equitable, inclusive, and fair” policies. This case likely made the city reconsider its partnerships, a reminder that office culture doesn’t just affect employees it also shapes client relationships.
A Time to Reflect
This painful scandal has initiated a necessary dialogue. It’s forced Cleveland’s legal community and the broader one to confront hard truths regarding how women, and mothers in particular, are treated. Dileno’s apology, belated though it is, doesn’t undo the harm, but it does acknowledge a mistake that many hope will lead to growth. For me, this incident speaks to the power of taking a stand.
Barnett’s courage in publishing the text, and the recipient’s openness to its being published, converted an individual injustice into a call to action in the public square.
Moving forward, the task is to not let this moment pass. The legal community, with all its strength and prestige, has a responsibility to lead by example. By addressing bias head-on and building workplaces where respect is never optional, companies like Zashin & Rich can recast what it means to be an attorney. This event, though grounded in one text, has the potential to make a lasting impact on us if we seize the opportunity.
